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  1. #1

    Default Fired for Having Cancer

    My question involves labor and employment law for the state of: California

    Long story short, my best friend just found out that she has cancer. Throughout the doctor's visits and tests, she tried her best to schedule everything around work so as not to miss any time. The administrator of the facility we were working at together told her (when she shared that the doctor suspected cancer in the first place) "don't be afraid to call off if you need to! We're here for you. If you have pain or treatments, just let me know and I'll take you off the schedule, no problem!"

    She has rarely called off without a doctor's note (if ever), and never for anything that wasn't related to the cancer in some way.

    On this past Friday (October 23), she got the test results in, and they're sure it's cancer, and they found out which kind, etc. She was, of course, a wreck, but went to work Saturday anyway. In the evening, she shared the news with her supervisor, and her supervisor immediately told her to clock out and go home.

    Sunday (October 25), she was called in by the administrator, and told that she was being fired for excessive absences. When she asked the administrator why she never got any form of warning or notice (which is company policy), the administrator just brushed it off: "Oh, I thought I told you. Anyway..."

    I keep telling this girl to get legal help, but she's incredibly distressed right now (understandably!). She takes care of her elderly mother at home, and other than to help her mom, won't leave her bed. She keeps stating that "they've killed me"- she has no insurance now, no means to pay for a private plan (who will take her without jacking up the rates now that it's confirmed she has cancer?), and now, no way to pay for the roof over her head, meaning that she and her mother will probably be homeless by next month.

    Can they legally fire someone (without notice) for having absences related to cancer, even with a doctor's note for the majority of those days? Can they make statements like "don't worry about your call-offs if they're health-related, now that I know, I'll take care of everything", then just fire you?

    She just wants her job back, but honestly, vengeful person that I am, I want the administrator to get in trouble. This kind of behavior is totally contradictory! How can you run a nursing home and discriminate against sick people?!

  2. #2
    Join Date
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    Default Re: Fired for Having Cancer

    Right now she should qualify for a COBRA subsidy, and even if it's difficult for her to pay her share she should benefit from finding a way to maintain her insurance.

    I would urge her to speak to a plaintiff-side employment lawyer, ASAP. You didn't give any information about the size of the employer, but she may (for example) have FMLA rights that were violated.

  3. #3

    Default Re: Fired for Having Cancer

    Quote Quoting Mr. Knowitall
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    Right now she should qualify for a COBRA subsidy, and even if it's difficult for her to pay her share she should benefit from finding a way to maintain her insurance.

    I would urge her to speak to a plaintiff-side employment lawyer, ASAP. You didn't give any information about the size of the employer, but she may (for example) have FMLA rights that were violated.
    Thanks for the quick reply! The building we work in has about 500 employees (AM, PM, and Night shift nursing staff, management, housekeeping, dietary/kitchen, etc), but is part of a larger corporate company which has around 80 facilities throughout California.

    She never asked about the FMLA (granted, she should have), because once the administrator said she'd personally handle it if my friend had to call off because of her illness, both of us figured that she'd be able to continue to work regularly unless she had an appointment or lots of pain.

    I urged her to contact the insurance company that we go through at work, to see if she can continue her coverage through that company. Hopefully, even if it's not at the discounted rate anymore, she will be able to continue with coverage through them. If not, COBRAs rates are more than double what the old policy was costing her, but I'm more than willing to help her out with that.

    I'm going to pass on your advice to her and hope she will take it (I can definitely post on her behalf, but I don't think a lawyer's office would care for me showing up asking for assistance for her!)

    Again, thanks for the fast reply! Any more information on this type of situation would be greatly appreciated!

  4. #4
    Join Date
    Mar 2007
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    9,096

    Default Re: Fired for Having Cancer

    Quote Quoting CocoPuffs101
    View Post
    Thanks for the quick reply! The building we work in has about 500 employees (AM, PM, and Night shift nursing staff, management, housekeeping, dietary/kitchen, etc), but is part of a larger corporate company which has around 80 facilities throughout California.

    She never asked about the FMLA (granted, she should have), because once the administrator said she'd personally handle it if my friend had to call off because of her illness, both of us figured that she'd be able to continue to work regularly unless she had an appointment or lots of pain.

    I urged her to contact the insurance company that we go through at work, to see if she can continue her coverage through that company. Hopefully, even if it's not at the discounted rate anymore, she will be able to continue with coverage through them. If not, COBRAs rates are more than double what the old policy was costing her, but I'm more than willing to help her out with that.

    I'm going to pass on your advice to her and hope she will take it (I can definitely post on her behalf, but I don't think a lawyer's office would care for me showing up asking for assistance for her!)

    Again, thanks for the fast reply! Any more information on this type of situation would be greatly appreciated!
    It is the employer's responsibility to react to FMLA.

    How long did she work there?

  5. #5

    Default Re: Fired for Having Cancer

    I don't think she's been there too long. I'm pretty sure only since late May or early June. She said the administrator told her (during the firing) that she had to have worked there for a year to qualify for FMLA. However, one of our other co-workers just went out on FMLA, for "Special Circumstances", and has only been there for two months.

    I understand the one year thing, but not if the employer's going to make "special circumstances" arrangements only for particular employees.

  6. #6
    Join Date
    Apr 2007
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    Il.(near StL,Mo.)
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    5,252

    Default Re: Fired for Having Cancer

    FMLA is a federal law that has to be followed. You have to have worked for your employer for at least 12 mos. to qualify.

    They may have let the other employee off (after only being there 2 mos.) & even called it FMLA but it wasn't actually FMLA. Had the other employee possibly worked there previously? The 12 mos. do not have to be consecutive for FMLA to apply.

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